Enterline & Partners Consulting | info@enterlinepartners.com

U.S. District Court Rules to Overturn EB-5 Regulations; Investment Amount Reduced to $500,000 – for Now.

On June 22, 2021, Judge Jacqueline Scott Corley of the U.S. District Court of the Northern District of California issued an order granting summary judgment in favor of the plaintiff, Behring Regional Center, in the lawsuit Behring filed against the Department of Homeland Security (“DHS”).  The order was given in the matter of Behring Regional Center LLC V. Chad Wolf, et al.

Behring Regional Center filed the lawsuit against the DHS challenging whether the Acting Secretary of Homeland Security, Chad Wolf, had been legally appointed to his position at the time the EB-5 Immigrant Investor Program Modernization regulation (the “EB-5 Regulation”) came into effect on November 21, 2019.

Under the EB-5 Regulation, the most important change to the program was the increase in the minimum investment amount from $500,000 to $900,000 for investments made in a Targeted Employment Areas that qualify for this lower investment amount.

In its lawsuit, Behring requested the Court to issue a judgment that the EB-5 Regulation is vacated (no longer valid) because acting Secretary Wolf was not lawfully serving in his role at the time the final rule was issued. The Court agreed and set aside the EB-5 Regulation and has remanded the matter back to the Department of Homeland Security.

Behring also requested the Court to issue an injunction barring the current, properly appointment Secretary of Homeland Security, Alejandro Mayorkas, from reinstating the EB-5 Regulation for a period of 180 days.  The Court denied this request.

As of right now, the EB-5 Regulation is no longer the law of the EB-5 immigrant visa program.  How long this will last is uncertain.

The DHS could file an appeal with a Court of Appeals and also request its own injunction to stop the District Court’s decision from taking affect pending the appeal process. If the higher Court approves such an injunction, the EB-5 Regulation will remain in place. Whether it does or not, the DHS is likely to move quickly to reauthorize the EB-5 Regulation by following the proper procedures under the Administrative Procedures Act.  This process might take 60 to 90 days or longer.

For investors who have been considering EB-5 as a way to immigrate to the U.S. and want to take advantage of the lower investment amount of $500,000 should move quickly to file their EB-5 petitions before this window of opportunity closes and should also understand the potential risks of filing an EB-5 I-526 Petition under this time of uncertainty.

Update: The EB-5 Regional Center Program Will Lapse on June 30, 2021

For more information, please contact us today at info@enterlinepartners.com and speak with a U.S. immigration attorney in Ho Chi Minh City, Manila, and Taipei.

ENTERLINE & PARTNERS CONSULTING

Ho Chi Minh City, Vietnam Office

Suite 601, 6th Floor, Saigon Tower
29 Le Duan Street
Ben Nghe Ward, District 1
Ho Chi Minh City, Vietnam

Tel: +84 933 301 488

Email: info@enterlinepartners.com

Facebook: Enterline & Partners – Dịch vụ Thị thực và Định cư Hoa Kỳ

Website: http://enterlinepartners.com

Manila, Philippines Office

LKG Tower 37th Floor
6801 Ayala Avenue
Makati City, Philippines 1226

Tel: +632 5310 1491

Email: info@enterlinepartners.com

Facebook: Enterline and Partners Philippines

Website: https://enterlinepartners.com/language/en/welcome/

Copyright 2021. This article is for information purposes only and does not constitute legal advice. This article may be changed with or without notice. The opinions expressed in this article are those of Enterline and Partners only.

CATEGORY
time
recent posts
CTA_Collection

contact us today for more information

Latest News

F4 Visa Bulletin Update: Waiting Time for Family-Based Sibling Immigration

The U.S. immigration system provides a specific pathway for U.S. citizens to sponsor their siblings for lawful permanent residency (“Green Card.”) The Family-Based Fourth Preference (F4) category is dedicated to the brothers and sisters of adult U.S. citizens ages twenty-one (21) and above. While this is a popular route for family reunification, the F4 category visa waiting time is historically the longest in the system due to annual caps and high global demand. How the Wait Time is Shown on the U.S. Visa Bulletin The wait time for an immigrant visa in the F4 category is determined by the United States Department of State’s Visa Bulletin. The Visa Bulletin lists the priority date for each preference category, which is the date on which the United States Citizenship and Immigration Services (“USCIS”) received the Form I-130 Petition for Alien Relative (“Form I-130”) filed by the U.S. Citizen petitioner on behalf of

Read more >

The U.S. EB-5 Immigrant Investor Regional Center Program: History, Temporary Status, and Expiration Timeline

The EB-5 Reform and Integrity Act of 2022 (“RIA”) reauthorized and reformed the EB-5 Immigrant Investor Program, a U.S. immigration program that offers foreign nationals a pathway to U.S. permanent residency through investment in American businesses that create jobs. A significant component of this program is the EB-5 Immigrant Investor Regional Center Program, which allows investors to consolidate their resources through designated Regional Centers and invest in projects that drive economic growth and job creation. The Regional Center Program was introduced by Congress in 1992 as a pilot program to enhance the EB-5 visa classification. It was classified as a pilot program – a short-term “test” program – to allow for more flexibility for job creation based on the minimum investment.  Investments may be made into businesses or “projects” sponsored by Regional Centers, which are approved by the United States Citizenship Immigration Services.  Typically, these Regional Centers manage or oversee

Read more >

Vietnamese Names Listed in a Different Order on U.S. Visas and Green Cards

United States government posts have frequently listed Vietnamese citizens’ names on government documents in a different order such as on visas and Form I-551 (“Green Cards”.) This often happens because Vietnamese passports list names in the order of last name (or “family name” or “surname”) followed by the middle name and then the first name. This traditional naming style can cause significant confusion regarding the proper Vietnamese visa name order. Moreover, some Vietnamese individuals have more than one middle or first name, resulting in four names represented on a passport, which further complicates the data entry for U.S. officials. Regional Accuracy: Why Where You Apply Matters For U.S. government posts in Vietnam, such as the U.S. Consulate in Ho Chi Minh City and the U.S. Embassy in Hanoi, this is usually not a problem. Immigrant and nonimmigrant visas issued by these offices are normally correct because the consular officers have

Read more >
Zalo
Phone
WhatsApp
Messenger
Messenger
WhatsApp
Phone
Zalo